Installation of the National Council on Alternative Dispute Resolution Mechanisms

The installation session was held on April 19, 2024, within the 90-day period provided for in the Sixth transitory article of the Decree that issued the General Law on Alternative Dispute Resolution Mechanisms ("LGMASC"). Below, we address relevant aspects of the CNMASC: i) Competence. The CNMASC is the highest body governing public policy with respect to alternative dispute resolution mechanisms1, responsible for outlining and drafting the rules that promote the effectiveness of non-jurisdictional procedures. Among the powers of the CNMASC are: • Issuing guidelines for the training, evaluation, certification2, renewal, suspension and revocation of facilitators. • Issuing the guidelines for the creation of the National Platform of Facilitators—which will contain the information regarding those who perform the function of Facilitators—and which will be in charge of the Federal Judiciary Council for public consultation. • Issuing the guidelines for the creation, updating and maintenance of the Systems of Settlement Agreements entered into within the national territory; which will be in charge of the Federal and local Judiciary Councils, in their respective areas of competence. • Issuing guidelines and bases for the participation, in Council sessions—with voice but without vote—of representatives of academic institutions, private facilitators and professional specialists in the field. • Approving the guidelines for entering into collaboration agreements with public and private institutions, national or foreign, for the provision of training courses and academic programs aimed at obtaining certification of facilitators. The CNMASC must hold ordinary sessions at least 4 times a year, with a minimum quorum of half plus one of its members. Decisions will be taken by a simple majority of the members present. ii) Structure. The CNMASC is made up of 33 members, consisting of the heads of the Public Centers for Alternative Dispute Resolution Mechanisms of the Federation and of the states. The Presidency of the CNMASC has a duration of 3 years, and must be appointed by secret ballot of two-thirds of its members. In addition, the CNMASC has a Technical Secretariat, which will be appointed by the President, approved by a simple majority of its members and which will likewise have a duration of 3 years in office. iii) Consequences of the installation. As of its installation, the CNMASC must, within a period of 180 calendar days, issue the guidelines indicated in this communication, as well as approve its internal regulations. The foregoing is based on the Twelfth transitory article of the Decree that issued the LGMASC. Von Wobeser will follow up on the issuance of such guidelines, as well as their implications for the implementation of the policies and objectives set forth in the LGMASC. Finally, we share here the link to the publication in the DOF. For additional information, please contact: Adrián Magallanes, Partner:+52 (55) 5258-1077 | amagallanes@vwys.com.mx Jessika Rocha, Partner:+52 (55) 5258-1077 | jrocha@vwys.com.mx Ernesto Palomares, Associate:+52 (55) 5258-1077 | epalomares@vwys.com.mx